Peter Caldwell Call: 1995 Email: [email protected] Profile “An intelligent, tactically astute and decisive advocate, who impresses with his ability to master complex arguments” - Legal 500 "A very thorough lawyer who is hands-on, dedicated and very passionate about human rights." - Chambers UK Peter is ranked by Legal 500 and Chambers UK as a leading barrister, (Band 1), in international crime and extradition and criminal fraud. The landmark extradition cases in which he has acted (Love, Symeou, Tollman, Fenyvesi, among many others, have shaped the law under the 2003 Act. He has successfully challenged extradition on grounds of abuse of process, political persecution, insufficiency of evidence and human rights arguments on prison conditions, fair trial, family rights and mental health. Having also acted for a number of Requesting States he is a natural choice to advise on the risk of extradition arising from international criminal investigations, particularly those concerning financial crime and bribery, and Interpol Red Notices. Peter advises in investigations by the Serious Fraud Office and in criminal and regulatory proceedings brought by FCA and FSA (IoM), as well as by the Pensions Regulator and Pensions Ombudsman. His international criminal work focusses on Sanctions, Export Controls and UN Sanctions Investigations. Chambers and Partners has commented "Instructed for the defence in major SFO cases. He regularly tackles matters involving allegations of bribery and market manipulation, and is an expert on sanctions work” Peter’s instructions reflect this assessment Defended a company director in the first prosecution of a Bitcoin operator by the Isle of Man FSA. Advising a Corporate and Trust Service Provider on Supervision Notice Defending former CEO of Norton Motorcycles in proceedings before Pensions Ombudsman. Advising company director in respect of UN Sanctions investigation Advising UHNW individual on extradition risk arising from civil proceedings. Defended senior director of Independent Insurance Group Plc (SFO v Condon) Defended company director in AIB fraud, (SFO v Williams) Advised senior director of BAe Systems Plc in SFO bribery investigation (Tanzanian radar contract) leading to corporate settlement. Related practice areas Criminal Law and Appeals Extradition Business Crime and Investigations International Law & Arbitration Professional Discipline and Regulation Data Protection and Information Law Business Crime and Regulation Legal 500 ranks Peter as a leading barrister for fraud and international criminal cases: “An intelligent, tactically astute and decisive advocate, who impresses with his ability to master complex arguments” Chambers UK said: "Really personable and strong on the detail." "He's able to guide the client and the jury through the problems and he's totally unflappable. Every cross-examination is a masterclass from him." [2020] Peter advises businesses and individuals across the field of business risk, including – Investigations of bribery, money laundering and tax evasion Market abuse and insider dealing Sanctions listing and export controls – in particular the Global Human Rights Sanctions Regulations 2020 Business and Human Rights compliance and remedial advice in respect of the Modern Slavery Act 2015 Regulatory compliance Advising on the impact of restraint, confiscation and receivership proceedings Civil recovery proceedings and tax assessment cases under Parts 5 and 6 of PoCA. Recent instructions include: Representing a Trustee in proceedings before the Pensions Ombudsman Advising a private security company in respect of UN arms sanctions investigation. Defending the director of a company offering Bitcoin transactions who was prosecuted in the Isle of Man for breaches of the IoM Anti-Money Laundering Code. Led legal arguments concerning the conduct of the investigation by the Isle of Man Financial Services Authority resulting in the prosecution offering no evidence. Defending a Company Secretary acquitted following a trial of an alleged £1m+ fraud on the Department of Work and Pensions Securing the acquittal of a professional charged with laundering the proceeds of a multi- million pound copycat website fraud. The acquittal of a solicitor charge with tax evasion. The acquittal of a company director accused of a land banking fraud. Peter acted as leading counsel for the defence in SFO v Williams & Kallakis), for a senior director of BAe Systems Plc in the SFO Tanzania bribery investigation and as defence counsel in the seminal IIG Plc trial. He has defended in BIS/BEIS and FSA/FCA prosecutions and enforcement proceedings, and advised directors and senior managers in corporate internal investigations at the highest level. Peter also advises businesses on health and safety, food safety and consumer law. Acting on behalf of Italian authorities in relation to health and safety breaches and industrial pollution by Europe’s largest steel producer. Defending in food safety prosecutions relating to fatal food-poisoning and food preparation. Defending planning enforcement actions in relation to houses of multiple occupation. Defending allegations of illegal dumping and breach of waste management controls. Peter has also been engaged with Business and Human Rights compliance and remedial advice for many years and is a regular participant at the OECD Global Forum on Responsible Business Conduct. Notable Cases - Business Crime 2020 – Representing a company director accused of providing unauthorised digital streaming services to access Premier League football coverage. 2020 – Representing a company director in investigation of theft of Bitcoin. 2019-20 – Ongoing fraud trial proceedings subject to reporting restrictions. 2019 – Obtaining acquittal of a solicitor prosecuted in the Isle of Man for breaches of the IoM Anti-Money Laundering Code. 2018 – Representing a Company Secretary acquitted following a trial of an alleged £1m+ fraud on the Department of Work and Pensions 2018 – Acquittal on allegations of laundering the proceeds of a Collective Investment Scheme 2017 – Acquittal of professional on allegations of laundering the proceeds of a copy-cat website fraud (National Trading Standards Prosecution) 2017 – Representing company director on allegations of en primeur wine fraud. 2017 – Judicial Review to secure recovery of proceeds of fraud - R. oao (Galldorf TKZMR) v Folkestone Magistrates' Court [2017] EWHC 2019 (Admin). 2016 – Representing a former solicitor in BIS investigation. 2016 – Representing defendant in Pt 6 PoCA civil recovery proceedings and linked Tax Tribunal hearing 2015 –Acquittal of a solicitor charged with fraud on HMRC. 2015 – Acquittal of woman of good character on allegations laundering the proceeds of a payroll fraud. 2015 – Operation Ninjask - Leading counsel in confiscation proceedings concerning sham marriages and immigration fraud. 2015 – Acquittal of company director prosecuted for land banking fraud associated with Operation Cotton. 2014 – Acquittal of medical practitioner accused of fraud on NHS - found not guilty after challenges to statistician's evidence on "out of hours" working. 2014 – Operation Truthful – advising Pensions Regulator in relation to pension liberation fraud. 2013 – Acquittal of professional person accused of mortgage fraud surrounding the purchase of an Elizabethan manor house. 2010-2013 - SFO v W - Leading counsel for the defence in alleged fraud on Allied Irish Banks Plc using a complex structure upon which AIB advanced £740 million. 2012 – Leading counsel for the defence in respect of high value "phishing" fraud on HBOS. 2011 – FSA v W - Market abuse and mis-selling investment products. 2011 – Leading counsel for the defence on allegations of money laundering of proceeds of $15 million theft from Commerzbank, Frankfurt. 2011 – Leading counsel for the defence in respect of City of London Police investigation and prosecution of high profile boiler room fraud based in Spain and Sweden. 2010 – Mortgage fraud concerning high value country houses. 2010 – Re C [2010] EWHC 136 Admin - Receivership proceedings in respect of a property said to have been the subject of a sham transaction to avoid confiscation. 2010 – Leading counsel for defence in respect of allegations of bullion fraud. 2009 – Representing Chairman of private bank on allegations of laundering the proceeds of frauds on UK clearing banks. 2006-2009 – Re BAe Systems Plc - Advising senior executive in respect of SFO bribery investigation into Tanzanian radar contract. 2009 – Operation Isopope - Conspiracy to defraud the Sumitomo Mitsui Banking Corporation of £229,000,000 -represented the bank's Security Supervisor in what became known as the "keystroke" cyberheist. 2008 –Representing company in forfeiture proceedings brought in respect of alleged proceeds of fraud. 2008 – SFO v C – Defending the Deputy Managing Director of Independent Insurance Plc on allegations of conspiracy to defraud. 2006 – Operation Devout - Defence counsel in extensive MTIC fraud. 2004 – Fraud on NHS by senior doctor. 2003 – Kanaris [2003] UKHL 2 - House of Lords guidance on preparatory hearings in serious and complex cases. 2002 – Re J [1992] EWCA Civ 562 - Leading counsel on the issue of self-incrimination in restraint proceedings. 2001 – Conspiracy to defraud the United Synagogue. 2000 – Representing accountant in fraud on finance houses and credit agencies. 2000 – Country-wide asset-stripping fraud stayed as abuse of process. 1999 – Fraud concerning disposal of stolen Old Master paintings. Extradition